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Tag: willful infringement

Defending the Patent Case – The America Invents Act’s Advice of Counsel Provision

A key decision for many accused infringers is whether to rely on an opinion of counsel to rebut a claim of willful infringement.  A finding of willful infringement opens the door to the assessment of enhanced damages which can be as much as three times the actual damages. At one time, the law imposed a…

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Can I Make My Patented Product?—The Negative Monopoly Provided by Patents

  One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly.  That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims.  However, that right to exclude does not confer a right to practice the…

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